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Author: Jeffrey S. Sutton
Publisher: Oxford University Press
ISBN: 0197582184
Category : LAW
Languages : en
Pages : 497
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Book Description
"51 Imperfect Solutions told stories about specific state and federal individual constitutional rights, and explained two benefits of American federalism: how two sources of constitutional protection for liberty and property rights could be valuable to individual freedom and how the state courts could be useful laboratories of innovation when it comes to the development of national constitutional rights. This book tells the other half of the story. Instead of focusing on state constitutional individual rights, this book takes on state constitutional structure. Everything in law and politics, including individual rights, comes back to divisions of power and the evergreen question: Who decides? The goal of this book is to tell the structure side of the story and to identify the shifting balances of power revealed when one accounts for American constitutional law as opposed to just federal constitutional law. The book contains three main parts-on the judicial, executive, and legislative branches-as well as stand-alone chapters on home-rule issues raised by local governments and the benefits and burdens raised by the ease of amending state constitutions. A theme in the book is the increasingly stark divide between the ever-more democratic nature of state governments and the ever-less democratic nature of the federal government over time"--
Author: Jeffrey S. Sutton
Publisher: Oxford University Press
ISBN: 0197582184
Category : LAW
Languages : en
Pages : 497
Get Book
Book Description
"51 Imperfect Solutions told stories about specific state and federal individual constitutional rights, and explained two benefits of American federalism: how two sources of constitutional protection for liberty and property rights could be valuable to individual freedom and how the state courts could be useful laboratories of innovation when it comes to the development of national constitutional rights. This book tells the other half of the story. Instead of focusing on state constitutional individual rights, this book takes on state constitutional structure. Everything in law and politics, including individual rights, comes back to divisions of power and the evergreen question: Who decides? The goal of this book is to tell the structure side of the story and to identify the shifting balances of power revealed when one accounts for American constitutional law as opposed to just federal constitutional law. The book contains three main parts-on the judicial, executive, and legislative branches-as well as stand-alone chapters on home-rule issues raised by local governments and the benefits and burdens raised by the ease of amending state constitutions. A theme in the book is the increasingly stark divide between the ever-more democratic nature of state governments and the ever-less democratic nature of the federal government over time"--
Author: Julie Gorlewski
Publisher: Routledge
ISBN: 1351979442
Category : Education
Languages : en
Pages : 214
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Book Description
Who Decides Who Becomes a Teacher? extends the discussions and critiques of neoliberalism in education by examining the potential for Schools of Teacher Education to contest policies that are typical in K-12 schooling. Drawing on a case study of faculty collaboration, this edited volume reimagines teacher preparation programs as crucial sites of resistance to, and refusal of, unsound education practices and legislation. This volume also reveals by example how education faculty can engage in collaborative scholarly work to investigate the anticipated and unanticipated effects of policy initiatives on teaching and learning.
Author: Marty Cohen
Publisher: University of Chicago Press
ISBN: 0226112381
Category : Political Science
Languages : en
Pages : 418
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Book Description
Throughout the contest for the 2008 Democratic presidential nomination, politicians and voters alike worried that the outcome might depend on the preferences of unelected superdelegates. This concern threw into relief the prevailing notion that—such unusually competitive cases notwithstanding—people, rather than parties, should and do control presidential nominations. But for the past several decades, The Party Decides shows, unelected insiders in both major parties have effectively selected candidates long before citizens reached the ballot box. Tracing the evolution of presidential nominations since the 1790s, this volume demonstrates how party insiders have sought since America’s founding to control nominations as a means of getting what they want from government. Contrary to the common view that the party reforms of the 1970s gave voters more power, the authors contend that the most consequential contests remain the candidates’ fights for prominent endorsements and the support of various interest groups and state party leaders. These invisible primaries produce frontrunners long before most voters start paying attention, profoundly influencing final election outcomes and investing parties with far more nominating power than is generally recognized.
Author: Vicki Oransky Wittenstein
Publisher: Twenty-First Century Books ™
ISBN: 1467792373
Category : Young Adult Nonfiction
Languages : en
Pages : 160
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Book Description
Throughout history, men and women have always found ways to control reproduction. In some ancient societies, people turned to herbs or traditional rituals. Others turned to methods that are still used in the twenty-first century, such as abstinence, condoms, and abortions. Legislating access to birth control, sex education, and abortion is also not new. In 1873 the US Congress made it illegal to mail 'obscene, lewd, or lascivious materials'—including any object designed for contraception or to induce abortion. In some states in the 1900s, it was illegal for Americans to possess, sell, advertise, or even speak about methods of controlling pregnancy. At the beginning of the twentieth century, Margaret Sanger, Mary Ware Dennett, and others began to defy these laws and advocate for the legalization of birth control and for better women's reproductive healthcare. By 1960 doctors had developed the Pill, but it wasn't until 1972 that all US citizens had legal access to birth control. And in the landmark decision Roe v Wade (1973), the US Supreme Court ruled that women had a constitutional right to terminate a pregnancy. Disputes over contraception, sex education, and abortion continue to roil the nation, leading to controversial legal and political rulings and occasionally violence. As society changes—and as new reproductive technologies expand the possibilities for controlling and initiating pregnancy—Americans will continue to debate reproductive rights for all.
Author: Judge Jeffrey S. Sutton
Publisher: Oxford University Press
ISBN: 0190866063
Category :
Languages : en
Pages : 288
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Book Description
When we think of constitutional law, we invariably think of the United States Supreme Court and the federal court system. Yet much of our constitutional law is not made at the federal level. In 51 Imperfect Solutions, U.S. Court of Appeals Judge Jeffrey S. Sutton argues that American Constitutional Law should account for the role of the state courts and state constitutions, together with the federal courts and the federal constitution, in protecting individual liberties. The book tells four stories that arise in four different areas of constitutional law: equal protection; criminal procedure; privacy; and free speech and free exercise of religion. Traditional accounts of these bedrock debates about the relationship of the individual to the state focus on decisions of the United States Supreme Court. But these explanations tell just part of the story. The book corrects this omission by looking at each issue-and some others as well-through the lens of many constitutions, not one constitution; of many courts, not one court; and of all American judges, not federal or state judges. Taken together, the stories reveal a remarkably complex, nuanced, ever-changing federalist system, one that ought to make lawyers and litigants pause before reflexively assuming that the United States Supreme Court alone has all of the answers to the most vexing constitutional questions. If there is a central conviction of the book, it's that an underappreciation of state constitutional law has hurt state and federal law and has undermined the appropriate balance between state and federal courts in protecting individual liberty. In trying to correct this imbalance, the book also offers several ideas for reform.
Author: J. Shoshanna Ehrlich
Publisher: Praeger
ISBN:
Category : Family & Relationships
Languages : en
Pages : 232
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Book Description
Ehrlich explores the social and emotions as well as the legal dimensions of young women who are pregnant but not prepared to bear and raise a child. Her study pivots on the voices of 26 young women from Massachusetts who, under state law, elected to seek court authorization for an abortion rather than obtain consent from a parent. The series will deal with topics about reproduction that are currently contentious in the US, if not anywhere else in the world.
Author: Sheldon Ekland-Olson
Publisher: Routledge
ISBN: 1351585150
Category : Social Science
Languages : en
Pages : 404
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Book Description
Who Lives, Who Dies, Who Decides? looks at several of the most contentious issues in many societies. The book asks, whose rights are protected? How do these rights and protections change over time, and who makes those decisions? This book explores the fundamentally sociological processes which underlie the quest for morality and justice in human societies. The author sheds light on the social movements and social processes at the root of these seemingly personal moral questions. The third edition contains a new chapter on torture entitled, "Taking Life and Inflicting Suffering."
Author: Jonah Lehrer
Publisher: Houghton Mifflin Harcourt
ISBN: 0547347480
Category : Business & Economics
Languages : en
Pages : 357
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Book Description
The first book to use the unexpected discoveries of neuroscience to help us make the best decisions Since Plato, philosophers have described the decision-making process as either rational or emotional: we carefully deliberate, or we “blink” and go with our gut. But as scientists break open the mind’s black box with the latest tools of neuroscience, they’re discovering that this is not how the mind works. Our best decisions are a finely tuned blend of both feeling and reason—and the precise mix depends on the situation. When buying a house, for example, it’s best to let our unconscious mull over the many variables. But when we’re picking a stock, intuition often leads us astray. The trick is to determine when to use the different parts of the brain, and to do this, we need to think harder (and smarter) about how we think. Jonah Lehrer arms us with the tools we need, drawing on cutting-edge research as well as the real-world experiences of a wide range of “deciders”—from airplane pilots and hedge fund investors to serial killers and poker players. Lehrer shows how people are taking advantage of the new science to make better television shows, win more football games, and improve military intelligence. His goal is to answer two questions that are of interest to just about anyone, from CEOs to firefighters: How does the human mind make decisions? And how can we make those decisions better?
Author: Catherine A. O'Brien
Publisher: IAP
ISBN: 1648029132
Category : Education
Languages : en
Pages : 735
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Book Description
Over the last quarter century, educational leadership as a field has developed a broad strand of research that engages issues of social justice, equity and diversity. This effort includes the work of many scholars who advocate for a variety of equity-oriented leadership preparation approaches. Critical scholarship in Education Administration and Educational Politics is concerned with questions of power and in various ways asks questions around who gets to decide. In this volume, we ask who decides how to organize schools around criteria of ability and/or disability and what these decisions imply for leadership in schools. In line with this broader critical tradition of inquiry, this volume seeks to interrogate policies, research and personnel preparation practices which constitute interactions, discourses, and institutions that construct and enact ability and disability within the disciplinary field of education leadership. To do so, we present contributions from multidisciplinary perspectives. The volume is organized around four themes: 1. Leadership and Dis/Ability: Ontology, Epistemology, and Intersectionalities; 2. Educational Leaders and Dis/ability: Policies in Practice; 3. Experience and Power in Schools; 4. Advocacy, Leverage, and the Preparation of School Leaders. Intertwined within each theme are chapters, which explore theoretical and conceptual themes along with chapters that focus on empirical data and narratives that bring personal experiences to the discussion of disabilities and to the multiple ways in which disability shapes experiences in schools. Taken as a whole, the volume covers new territory in the study of educational leadership and dis/abilities at home, school, and work.
Author: Nora K. Bell
Publisher: Springer Science & Business Media
ISBN: 1461258235
Category : Medical
Languages : en
Pages : 221
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Book Description
Many of the demands being voiced for a "humanizing" of health care center on the public's concern that they have some say In determining what happens to the individual in health care institutions. The essays in this volume address fundamental questions of conflicts of rights and autonomy as they affect four selected, controversial areas in health care ethics: the Limits of Professional Autonomy, Refusing! Withdrawing from Treatment, Electing "Heroic" Measures, and Advancing Reproductive Technology. Each of the topics is addressed in such a way that it includes an examination of the locus of responsibility for ethical decision making. The topics are not intended to exhaustively review those areas of health care provision where conflicts of rights might be said to be an issue. Rather they constitute an examination of the difficulties so often encountered in these specific contexts that we hope will illuminate similar conflicts in other problem areas by raising the level of the reader's moral awareness. Many books in bioethics appeal only to a limited audience in spite of the fact that their subject matter is of deep personal concern to everyone. In part, this is true because they are frequently written from the perspective of a single discipline or a single profession. As a result, one is often left with the impression that such a book views the philosophical, historical, and! or theological problems as essentially indifferent to clinical, legal, and! or policy-making problems.
